People v. Mendoza CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Defendant Is Charged With Molesting Victim On March 30, 2011, the Santa Clara County District Attorney filed an information charging defendant with sexual penetration of a child 10 years of age or younger (§ 288.7, subd. (b)). The information alleged that between September 25, 2010 and November 26, 2010, defendant had sexually penetrated the victim, a four-year-old girl (victim). B. Evidence Adduced at Trial Defendant was tried on the charged offense before a jury over the course of four days in September 2012. 1. Victim’s Mother Victim’s mother (hereafter victim’s mother) testified for the prosecution. She testified that, in the fall of 2010, she rented a room in her home to defendant, his wife, and their baby. Victim’s mother’s husband and their daughter, victim, also lived in the home, as did several other families who also rented rooms. Victim’s mother had a dream that someone touched victim inappropriately. When she asked victim if anyone had touched her, victim told her defendant had touched her privates multiple times, had masturbated in front of her, and once put his finger in her anus. Victim’s mother took victim…